“So Far Down the List of Priorities in my Life That I Haven’t Done it Yet”
Last week I posted a question I am seriously interested in…if you DON’T have a Lasting Power of Attorney (LPA) why not? Ok, so this wasn’t research standard and yes the answers probably skewed but TBH the results came as no great surprise backing up many of the conversations I have had.
The most popular reason for not having an LPA, coming in at a whopping 75%, was thinking that you don’t need one. Second place goes to the don’t know how to do one group at 18.8% and, finally, the don’t know what an LPA is group came in at 6.3%
Reflecting on the answers in order it is interesting to ask why there is such a misconception about not needing an LPA. LPAs are important, they matter for each and every one of us, but are easy to put to the bottom of a long list of things to do. When we are fit and well it seems like an unnecessary thing to do – just more time and expense and quite honestly a bit of a hassle. Much easier surly to wait? Better still don’t do one at all as your nearest and dearest will speak for you? Yes….? Sorry to burst that bubble but no – your next of kin has no automatic right to speak for you if you lose capacity either suddenly through an accident or through a longer-term health issue. Without an LPA in place an application to the Court of Protection is required for permission to act as a deputy – this can be a lengthy and expensive process
It intrigues me that something so very important, nominating someone who would talk for you if you ever lost the ability through sudden accident or ill health, is considered something not needed. Feel this is steering me to the next poll!!
Taking second place, not knowing how to do one, that’s easier to answer. It is perfectly possible to do one yourself using the OPG forms or online service. Many people chose to ask a solicitor to do their LPA with costs starting from £500.00 per LPA and there are also individual businesses set up to write LPAs. I set www.speakformelpa.co.uk to do just that and I hope more; I aim to provide education, raise awareness and generate discussion around a subject I feel so passionately about.
In response to not knowing what an LPA is – brilliant! This is a chance for me to explain what an LPA is in order for you to decide if you need one. An LPA is a Lasting Power of Attorney enabling you to nominate who would speak for you if you ever lost the ability to speak for yourself through ill health or accident. There are two different LPAs, one for Health and Welfare and one for Property and Finance. The Property and Finance LPA enables you to choose when it becomes active (so you can nominate someone to help with finances while you have capacity), whereas a Health and Welfare LPA becomes active only if and when you lose capacity. Both give you power to choose ahead and both must be completed while you have capacity.
For more detailed information check out the Office of the Public Guardian
“A lasting power of attorney is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.
This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’). ”
The third and least popular response, at 6.3%, was simply not knowing what an LPA is. It made me think, when have I last seen an ad encouraging me to Think Ahead? We have Free Wills Month every October how about a Free LPA Month? The closest we have is the annual Dying Matters Week which encourages conversation around dying and bereavement into the national agenda. For a beautiful and articulate discussion on the importance of planning ahead, which include LPAs, see Dr Kathryn Mannix
“In the UK, if you can’t make the decision and you have no Attorneys, then a medical decision about your treatment will be made by the doctor in charge of your care: they are obliged to take your preferences into account - but how would they know?”
As well as formal answers the poll generated some discussion which I would like to share; it is great to have the engagement and if just one person makes their LPA or Has the Conversation as a result then my work here is done. My favourite response for not doing an LPA provided the title for this blog…. the very honest "so far down the list of priorities in my life that I haven't done it yet". I get it, its feels like something to put off but my plea is don’t, 2020 has taught us how fragile and uncertain the future is – sorting your LPA is not exciting but is it a pretty sensible thing to do. Some respondents expressed a wish to do their LPA but wanted support – I am happy to help with this if needed and to find out more contact me.
Paying for an LPA was commented on, the costs can be considered in two parts; firstly the standard OPG registration costs which are currently £82.00 per LPA and secondly the cost if you chose a solicitor or LPA business. I have tried to find the average solicitor costs and know I have seen somewhere just can’t locate – any answers gratefully received. My informal research shows costs of around £500.00 + per LPA for a solicitor to draft. As mentioned above, it is possible to do your own LPA, the OPG also offer exemptions and remissions . I provide up to 12 free LPAs per year for people who meet OPG remission criteria otherwise I charge £125.00 per LPA and £400.00 for a couple saver (of a total of four LPAs).
Looking for more rigorous sources led me to the Future of Lasting Power of Attorney: A research report for the OPG (2014) My first question here is Does Anything More Recent Exist? Clearly my homework for next week and if anyone has more up to date references do let me know I will be reflecting on this research report in detail in future blogs. The report highlights the key barriers for not having an LPA as capability, motivation and opportunity expanding further to:
Attitudinal and emotional barriers
Relevance barriers
Practical barriers
Information barriers
Process barriers
The most common type of barrier identified was the attitudinal and emotional barrier; here my antennae sharpened back to the poll and it is interesting to see the correlation. I offer this as rudimentary evidence that six years down the line the key to increasing the number of LPAs lies in education and awareness. Please share this important message – and decide who would speak for you.